Verizon Wiretapping - Letter From Complainants To Commission
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James D. Cowie 32 North Street Portland Maine 04101 207-774-2365 January 9, 2007 ELECTRONICALLY FILED ON 01-09-07 THIS IS A VIRTUAL DUPLICATE OF THE ORIGINAL HARD COPY SUBMITTED TO THE COMMISSION IN ACCORDANCE WITH ITS ELECTRONIC FILING INSTRUCTIONS Ms. Karen Geraghty, Administrative Director Maine Public Utilities Commission 242 State Street, 18 State House Station Augusta Maine 04333-0018 RE:
MAINE PUBLIC UTILITIES COMMISSION Request for Commission Investigation into Whether Verizon is Cooperating in Maine With the National Security Agency’s Warrantless Domestic Wiretapping Program Docket No. 2006-274
Dear Ms. Geraghty: I write to convey to the Commission complainants’ anxious concern that the 9-month statutory deadline for it to “render a decision upon the complaint” in this case is barely a month away. As 35-A MRSA §1302(2) states: “If the complaint is not dismissed, the commission shall promptly set a date for a public hearing.” This complaint, which complainants filed eight months ago, has not been dismissed, but the Commission has yet to set a date for a public hearing, as required by this statute, and therefore complainants respectfully request that it do so and that the date set be prior to the statutory deadline for this case. In addition, §1302(1) states: “the commission, being satisfied that the [complainants] are responsible, shall, with or without notice, investigate the complaint.” That the Commission issued its Notice of Complaint to Verizon is evidence it had found complainants responsible, but it has not opened an investigation of the complaint, as required by this statute, and therefore complainants respectfully request that it do so prior to the statutory deadline for this case. Complainants want the Commission to know that we do not consider it to have been enjoined from fulfilling its statutory obligation to “set a date for a public hearing” or to “investigate the complaint” and that in any event we do not waive any rights that we have under §1302 or any other relevant statutes, such as Maine’s telephone privacy statute, 35-A MRSA §7107-A.
2 Respectfully submitted, James D. Cowie Lead Complainant Cc: Andrew S. Hagler, Esq. Donald W. Boecke, Esq., Verizon William C. Black, Esq., OPA Wayne R. Jortiner, Esq., OPA Zachary L. Heiden, Esq., MCLU
MAINE PUBLIC UTILITIES COMMISSION Request for Commission Investigation into Whether Verizon is Cooperating in Maine With the National Security Agency’s Warrantless Domestic Wiretapping Program Docket No. 2006-274
Dear Ms. Geraghty: I write to convey to the Commission complainants’ anxious concern that the 9-month statutory deadline for it to “render a decision upon the complaint” in this case is barely a month away. As 35-A MRSA §1302(2) states: “If the complaint is not dismissed, the commission shall promptly set a date for a public hearing.” This complaint, which complainants filed eight months ago, has not been dismissed, but the Commission has yet to set a date for a public hearing, as required by this statute, and therefore complainants respectfully request that it do so and that the date set be prior to the statutory deadline for this case. In addition, §1302(1) states: “the commission, being satisfied that the [complainants] are responsible, shall, with or without notice, investigate the complaint.” That the Commission issued its Notice of Complaint to Verizon is evidence it had found complainants responsible, but it has not opened an investigation of the complaint, as required by this statute, and therefore complainants respectfully request that it do so prior to the statutory deadline for this case. Complainants want the Commission to know that we do not consider it to have been enjoined from fulfilling its statutory obligation to “set a date for a public hearing” or to “investigate the complaint” and that in any event we do not waive any rights that we have under §1302 or any other relevant statutes, such as Maine’s telephone privacy statute, 35-A MRSA §7107-A.
2 Respectfully submitted, James D. Cowie Lead Complainant Cc: Andrew S. Hagler, Esq. Donald W. Boecke, Esq., Verizon William C. Black, Esq., OPA Wayne R. Jortiner, Esq., OPA Zachary L. Heiden, Esq., MCLU
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